Atma Singh And Another v. Joginder Kaur And Another
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"3. Section 125 of the Code of Criminal Procedure is meant to achieve a social purpose. The object is to prevent vagrancy and destitution. It provides a speedy remedy for the supply of food, clothing, and shelter to the deserted wife."
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"The point in controversy before us however is whether a 'stepmother' can claim maintenance from the step&son or not, having regard to the aims and objects of Section 125 of the Code. While dealing with the ambit and scope of the provision contained in Section 125 of the Code, it has to be borne in mind that the dominant and primary object is to give social justice to the woman, child and infirm parents etc. and to prevent destitution and vagrancy by compelling those who can support those who are unable to support themselves but have a moral claim for support. The provisions in section 125 provide a speedy remedy to those women. children and destitute parents who are in distress. The provisions in Section 125 are intended to achieve this special purpose.
The dominant purpose behind the benevolent provisions contained in Section 125 clearly is that the wife, child and parents should not be left in a helpless state of distress, destitution and starvation. Having regard to this social object, the provisions of Section 125 of the Code have to be given a liberal construction to fulfill and achieve this intention of the Legislature. Consequently, to achieve this objective, in our opinion, a childless step&mother may claim maintenance from her step&son, provided she is widow or her husband, if living, is also incapable of supporting and maintaining her. The obligation of the son to maintain his father, who is unable to maintain himself, is unquestionable, When she claims maintenance from her natural born children, she does so in her status as their 'mother'.
such an interpretation would be in accord with the explanation attached to Section 20 of the Hindu Adoptions and maintenance Act.
maintenance under Section 125 of the Code may not be wholly justified. However, no intention of Legislature can be read in Section 125 of the Code that even though a mother has her real and natural born son or sons and a husband capable of maintaining her, she could still proceed against her step&son to claim maintenance. Since, in this case we are not concerned with, we express no opining, on the question of liability, if any, of the step&son to maintain the step&mother, out of the inherited family estate by the step&son and leave that question to be decided in an appropriate case. Our discussion is confined to the obligations under Section 125 Cr.P.C. only."
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